S T A T E O F N E W Y O R K ________________________________________________________________________ 4009 2013-2014 Regular Sessions I N A S S E M B L Y January 30, 2013 ___________ Introduced by M. of A. GABRYSZAK, CERETTO -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to plea bargains in felony sex offenses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 5 of section 220.10 of the criminal procedure 2 law is amended by adding a new paragraph (i) to read as follows: 3 (I) WHERE THE INDICTMENT CHARGES A FELONY DEFINED IN ARTICLE ONE 4 HUNDRED THIRTY OF THE PENAL LAW, THEN ANY PLEA OF GUILTY ENTERED PURSU- 5 ANT TO SUBDIVISION THREE OR FOUR OF THIS SECTION MUST BE OR MUST INCLUDE 6 AT LEAST A PLEA OF GUILTY TO A FELONY DEFINED IN ARTICLE ONE HUNDRED 7 THIRTY OF THE PENAL LAW; PROVIDED, HOWEVER, THAT WHERE THE INDICTMENT 8 CHARGES A CLASS B OR A CLASS C FELONY AS DEFINED IN ARTICLE ONE HUNDRED 9 THIRTY OF THE PENAL LAW, THEN A PLEA OF GUILTY MUST INCLUDE AT LEAST A 10 PLEA OF GUILTY TO A CLASS D FELONY AS DEFINED IN ARTICLE ONE HUNDRED 11 THIRTY OF THE PENAL LAW. 12 S 2. Subparagraph (iii) of paragraph (g) of subdivision 5 of section 13 220.10 of the criminal procedure law, as amended by chapter 264 of the 14 laws of 2003, is amended to read as follows: 15 (iii) Where the indictment does not charge a crime specified in 16 subparagraph (i) of this paragraph, the district attorney may recommend 17 removal of the action to the family court. Upon making such recommenda- 18 tion the district attorney shall submit a subscribed memorandum setting 19 forth: (1) a recommendation that the interests of justice would best be 20 served by removal of the action to the family court; and (2) if the 21 indictment charges a thirteen year old with the crime of murder in the 22 second degree[, or a fourteen or fifteen year old with the crimes of 23 rape in the first degree as defined in subdivision one of section 130.35 24 of the penal law, or criminal sexual act in the first degree as defined 25 in subdivision one of section 130.50 of the penal law], or an armed EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02077-01-3 A. 4009 2 1 felony as defined in paragraph (a) of subdivision forty-one of section 2 1.20 of this chapter specific factors, one or more of which reasonably 3 supports the recommendation, showing, (i) mitigating circumstances that 4 bear directly upon the manner in which the crime was committed, or (ii) 5 where the defendant was not the sole participant in the crime, that the 6 defendant's participation was relatively minor although not so minor as 7 to constitute a defense to the prosecution, or (iii) possible deficien- 8 cies in proof of the crime, or (iv) where the juvenile offender has no 9 previous adjudications of having committed a designated felony act, as 10 defined in subdivision eight of section 301.2 of the family court act, 11 regardless of the age of the offender at the time of commission of the 12 act, that the criminal act was not part of a pattern of criminal behav- 13 ior and, in view of the history of the offender, is not likely to be 14 repeated. 15 S 3. Paragraph (b) of subdivision 3 of section 220.30 of the criminal 16 procedure law is amended by adding two new subparagraphs (x) and (xi) to 17 read as follows: 18 (X) A PLEA OF GUILTY, WHETHER TO THE ENTIRE INDICTMENT OR TO PART OF 19 THE INDICTMENT FOR ANY CRIME OTHER THAN A FELONY DEFINED IN ARTICLE ONE 20 HUNDRED THIRTY OF THE PENAL LAW MAY NOT BE ACCEPTED ON CONDITION THAT IT 21 CONSTITUTES A COMPLETE DISPOSITION OF ONE OR MORE OTHER INDICTMENTS 22 AGAINST THE DEFENDANT WHEREIN IS CHARGED A FELONY DEFINED IN ARTICLE ONE 23 HUNDRED THIRTY OF THE PENAL LAW. 24 (XI) A PLEA OF GUILTY, WHETHER TO THE ENTIRE INDICTMENT OR TO PART OF 25 THE INDICTMENT FOR ANY CRIME OTHER THAN A CLASS B, A CLASS C OR A CLASS 26 D FELONY DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW, MAY NOT 27 BE ACCEPTED ON CONDITION THAT IT CONSTITUTES A COMPLETE DISPOSITION OF 28 ONE OR MORE OTHER INDICTMENTS AGAINST THE DEFENDANT WHEREIN IS CHARGED A 29 CLASS B OR A CLASS C FELONY DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE 30 PENAL LAW. 31 S 4. This act shall take effect on the first of November next succeed- 32 ing the date on which it shall have become a law.